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Acquisition Policy Flash! 17-32

Reminder!

Department of Veterans Affairs’ (VA) Implementation of the Buy American Laws to Maximize the Use of Goods, Products and Materials Produced in the United States

Purpose:  To inform the VA Acquisition Workforce about the issuance of PPM 2017-12 and the accompanying report:  VA Compliance with Buy American Laws (September 14, 2017, prepared by VA’s Risk Management and Compliance Service (RMCS)).

The PPM emphasizes and reinforces compliance with the Buy American Statute in VA’s procurements in accordance with Executive Order 13788, Buy American and Hire American, dated April 18, 2017, and the Office of Management and Budget (OMB) Memorandum M-17-27, Assessment and Enforcement of Domestic Preferences in Accordance with Buy American Laws, dated June 30, 2017.

Dated:  September 22, 2017

Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition Regulation (VAAR) parts referenced:  FAR 25 and VAAR 825.

Effective Date:  Immediately

Background:  Executive Order (E.O.) 13788 – Buy American and Hire American was signed by the President on April 18, 2017.  On June 30, 2017, OMB and the Department of Commerce (DOC) jointly issued implementation guidance, OMB Memorandum M-17-27 – Assessment and Enforcement of Domestic Preferences in Accordance with Buy American Laws.  E.O. 13788 along with OMB Memorandum M-17-27 reinforce the existing regulatory requirements in Federal Acquisition Regulation (FAR) part 25, provide emphasis for strengthening compliance with existing Buy American laws, and demonstrate the need for accurate reporting of the use of waivers and exceptions under the Buy American statute.

Applicability:  This PPM applies to all VA contracting activities.

Action Required:  It is the policy of the VA to comply fully with the requirements of Executive Order 13788 – Buy American and Hire American; OMB Memorandum M-17-27 – Assessment and Enforcement of Domestic Preferences in Accordance with Buy American Laws; and FAR part 25, Foreign Acquisition.  HCAs are encouraged to institute reviews in accordance with PPM 2017-01, Integrated Oversight Process (IOP)/Technical Reviews (TRs), dated October 6, 2016 to ensure COs are complying with the BAA.

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at (202) 632-5288 or va.procurement.policy@va.gov.